Environmental Compliance, Litigation & Contamination

 

Regulatory, Enforcement & Toxic Torts

Sullivan & Worcester provides regulatory compliance advice in connection with a wide range of federal and state environmental requirements, including matters involving wastewater discharge, air emissions, climate change, wetlands, waterfront development, health and safety, hazardous waste, hazardous materials transport and zoning. We also help clients secure environmental permits, including operating and construction permits. We have advised clients on environmental reporting and notification requirements, assisted with the voluntary disclosure of potential violations pursuant to the federal audit and self-disclosure policy and negotiated settlements of statutory penalties. Our attorneys have also successfully defended clients against governmental enforcement actions, natural resource damage claims and toxic tort suits alleging injury from environmental contamination or exposure to hazardous materials.

Real Estate & Contaminated Property

Sullivan & Worcester represents clients in matters concerning contaminated property across the United States, including all facets of remediation and corrective action under CERCLA, RCRA, analogous state statutes, and voluntary cleanup and brownfield programs. We have also developed site-wide and off-site corrective action plans for facilities in numerous industries, many involving innovative uses of EPA’s Area of Concern and Corrective Action Management Unit policies.

We endeavor to reduce our clients’ financial exposure by aggressively pursuing other potentially responsible parties, available insurance and contractual indemnities. When necessary, we also litigate issues involving compliance with legal requirements and the determination and allocation of liabilities. Our attorneys have acted as common counsel to PRP groups performing cleanups and pursuing actions for third-party contribution. 

In connection with real estate transactions, we collaborate with environmental consultants to evaluate the risks associated with environmental contamination, which are critically important to property valuation, site remediation and development planning. We are also well-versed in the available insurance, fixed-price remediation and liability buyout solutions available to mitigate the risk of remediation cost overruns.

Natural Resources & Land Use

Sullivan & Worcester provides strategic advice and counseling on mining operations and other land uses affecting wetlands, protected species, national forests and parkland, surface water, aquifers and other sensitive environmental resources. We have advised clients on mine reclamation matters, including pursuant to the Surface Mining Control and Reclamation Act. Our attorneys have successfully obtained permits – and defended against permit challenges – for facilities subject to regulation under the National Environmental Protection Act, Endangered Species Act, Federal Land Policy and Management Act, National Forest Management Act, Clean Water Act, Rivers and Harbors Act, National Historic Preservation Act and comparable state statutes. On behalf of our clients, we have also challenged federal action under many of these same laws.